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Johnson v. Nev. Offender Mgmt. Div.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jan 7, 2020
Case No. 3:19-cv-00772-RCJ-CLB (D. Nev. Jan. 7, 2020)

Opinion

Case No. 3:19-cv-00772-RCJ-CLB

01-07-2020

LAUSTEVEION JOHNSON, Plaintiff v. NEVADA OFFENDER MANAGEMENT DIVISION, et al., Defendants


ORDER

I. DISCUSSION

On December 30, 2019, Plaintiff, an inmate in the custody of the Nevada Department of Corrections ("NDOC"), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed an application to proceed in forma pauperis. (ECF Nos. 1, 1-1).

Plaintiff's application to proceed in forma pauperis is incomplete. Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed and current financial certificate. Plaintiff has submitted a financial certificate dated May 9, 2019 and an inmate account statement for the period of November 10, 2018 through May 9, 2019. Therefore, Plaintiff has not submitted a current financial certificate or an inmate account statement for the past six months. (See ECF No. 1). Plaintiff will be granted an opportunity to cure the deficiencies of his application to proceed in forma pauperis by filing a current financial certificate and an inmate account statement for the past six months, or in the alternative, pay the full $400 filing fee for this action. If Plaintiff fails to file a current financial certificate and an inmate account statement for the past six months, the Court will dismiss the case in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the necessary documents to file a complete application to proceed in forma pauperis. The Court will retain Plaintiff's civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved

II. CONCLUSION

For the foregoing reasons, IT IS ORDERED that the Clerk of the Court WILL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.

IT IS FURTHER ORDERED that within forty-five (45) days from the date of this order, Plaintiff will either: (1) file a current financial certificate and an inmate account statement for the past six months in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee).

IT IS FURTHER ORDERED that, if Plaintiff fails to timely file a current financial certificate and an inmate account statement for the past six months, the Court will dismiss the case, without prejudice, for Plaintiff to file a new case when he is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.

DATED: January 7, 2020.

/s/_________

UNITED STATES MAGISTRATE JUDGE


Summaries of

Johnson v. Nev. Offender Mgmt. Div.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jan 7, 2020
Case No. 3:19-cv-00772-RCJ-CLB (D. Nev. Jan. 7, 2020)
Case details for

Johnson v. Nev. Offender Mgmt. Div.

Case Details

Full title:LAUSTEVEION JOHNSON, Plaintiff v. NEVADA OFFENDER MANAGEMENT DIVISION, et…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Jan 7, 2020

Citations

Case No. 3:19-cv-00772-RCJ-CLB (D. Nev. Jan. 7, 2020)